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Dallas Can donate 2010 300x250
Sponsors:
Standard Contest Rules Applicable to All Contests

   NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  VOID WHERE PROHIBITED.

1.      HOW TO ENTER

a.      NewHope of Dallas, LLC (“NewHope”) is sponsoring a contest in which the winner will receive one Lap Band Surgery provided and performed by NewHope (“Contest”).  The NewHope Contest will begin on Monday, April 5, 2010 (6:00am CDT) and will end on Sunday, April 25, 2010 (11:59pm CDT). Entries must be received in person by 5:00pm on Friday, April 23 or via online entry by 11:59pm on Sunday, April 25.

b.      To participate in the NewHope Contest, you may enter via the following method(s): An official entry form can be found at www.newhopebariatricsdfw.com. Official entry forms will also be available to pick up at NewHope of Dallas, 3716 Standridge Dr, Suite 100, The Colony, TX 75056. Original forms must be completed and returned to the NewHope offices by Friday, April 25, at 5:00pm CDT.  KPLX-99.5 The Wolf is not responsible for lost, stolen, mangled, misdelivered, postage due, illegible, incomplete or late entries.

c.      One official entry form per person will be accepted.  Please be sure that all information is filled out legibly and completely. No entry forms or any items submitted with the entry forms, including but not limited to photographs or videos, will be returned.

d.      You agree to be bound to these Rules by submitting an entry form to participate in the NewHope Contest.  Please read these Rules carefully to ensure that you understand and are prepared to keep the commitment that comes with participation and the obligations that the winner of the Contest must fulfill.

2.      ELIGIBILITY RESTRICTIONS

a.      The contest is open to all persons who are 18 years of age or older and who reside in the Greater Dallas/Ft. Worth area.  Employees of KPLX – 99.5 The Wolf, NewHope, its licensee, its corporate parents, subsidiaries, and affiliates, its advertising agencies, participating sponsors/promotional partners, other radio stations in the Dallas/Ft. Worth metropolitan area and the members of their immediate families and/or households are ineligible to participate or win.

b.      Criteria to be an eligible candidate for Lap Band Surgery are available at www.newhopebariatricsdfw.comwith the official entry form.  Your submission of an entry form constitutes a representation that you have read, understood, and satisfy the eligibility criteria, subject to verification by NewHope.  Any and all determinations of your medical eligibility, and any and all information provided by you to ascertain medical eligibility, shall be solely the responsibility of NewHope.   

3.      PRIZE

a.      The winner of the NewHope Contest will be eligible to receive Lap Band Surgery from and performed by NewHope.  The winner will have to present him or herself, as required by NewHope, to undergo the Lap Band Surgery within 60 days after the winner is selected and announced. The total value of the Lap Band Surgery is approximately $12,000.00.

b.      The winner will forfeit the prize unless he or she: (1) responds within seven (7) days to notification (or attempted notification) from KPLX-99.5 The Wolf and/or NewHope that he or she has been selected as the winner, (2) satisfies all requirements of these Rules, including, but not limited to, the Conditions set forth in Section 5 below, and (3) follows the advice, recommendations, and instructions of NewHope pertaining in any way to the Lap Band Surgery.

c.      There is no substitution, transfer, or cash equivalent for prizes, except that NewHope may, at their sole discretion, substitute prizes of comparable value or cash. The prize is expressly limited to the item listed above and does not include taxes, gratuities, or any other expenses. Other restrictions may apply.

4.      WINNER SELECTION AND NOTIFICATION

a.      NewHope and/or KPLX shall have complete discretion with respect to any decision, application or interpretation of these Rules for the NewHope Contest and any decision or interpretation adopted by KPLX and/or NewHope management shall be final, conclusive, and binding upon participants in the Contest.

b.      After the previously stated deadlines for submission of official entries, NewHope will review the entries and choose ten candidates who appear to be medically eligible for and would benefit from the Lap Band Surgery.  Those ten candidates will have an office visit and evaluation at NewHope to confirm eligibility.  Three candidates will then be chosen to be interviewed by representatives from NewHope and by representatives of KPLX-99.5 The Wolf for the purpose of selecting one prize winner; provided, however, that the representatives of KPLX-99.5 The Wolf  will base their decision on factors aside from, and wholly unrelated to, considerations that call for the exercise of medical judgment .  The prize winner will be chosen on or before May 10, 2010.

c.      The odds of winning the Malley Surgical Contest depend on the number of entries received from eligible contestants.

d.      The winner need not listen to KPLX-99.5The Wolf to win.  KPLX-99.5 The Wolf and/or NewHope will notify the winner by phone or by mail using the contact information provided by the winner on his or her entry form.

5.      CONDITIONS

a.      Payments of all federal, state, and local taxes are solely the responsibility of the winner.  The winners will be required to sign an IRS Form W-9 or the equivalent.

b.      The winner, as a condition of receiving and as consideration for the prize, must execute and deliver to KPLX-99.5 The Wolf a Release and Waiver of Liability by which the winner promises and agrees to hold NewHope, KPLX, Cumulus Media Inc, their corporate licensees, parents, subsidiaries and affiliated companies, and each and all of their respective officers, shareholders, members, directors, employees, agents and representatives, harmless from and against any and all claims or liability arising directly or indirectly from the prize (the Lap Band Surgery) and/or participation in the NewHope Contest.

c.      By participating in the NewHope Contest, the winner agrees to have his or her name, voice, or likeness used in any advertising or broadcasting material relating to this contest without additional financial or other compensation, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize.  More specifically, and as a condition of receiving and as consideration for the prize, the winner promises and agrees for a period of twelve (12) months following the Lap Band surgery:

1.      To attend monthly follow-up appointments with NewHope with weigh in and photo documentation

2.      To meet with a nutritionist every 2 months

3.      To participate in on-air interviews with KPLX-99.5 The Wolf as much as one time per week

4.      To write weekly web blogs and to capture video testimonial no less than 3 times a month to be posted online at the discretion of NewHope for the purpose of candidly discussing and publicizing the winner’s experience related to the LAP-BAND surgery and NewHope

5.      Participate in NewHope educational seminars as requested

6.      Participate in a promotional event (either hosted by NewHope or KPLX-99.5 The Wolf) no less than 1 time a month and no more than 3 times a month at the discretion of KPLX and NewHope

7.      To participate in media training as defined by NewHope prior to any promotional activities

8.      To participate in any PR activities as requested by NewHope, including national or local programs/outlets in all forms

9.      To participate in up to 2 stand alone photo shoots at a date, time and location to be mutually agreed upon. Wardrobe to be approved by NewHope

d.      KPLX – 99.5 The Wolf and NewHope reserves the right to make changes in the NewHope Contest Rules. If, due to circumstances beyond the control of KPLX-99.5 The Wolf, the Lap Band Surgery is delayed, rescheduled, postponed, or cancelled, KPLX-99.5 The Wolf and NewHope reserve the right, but not the obligation, to cancel or to modify the NewHope Contest and shall not be required to award a substitute prize. 

e.      Failure to comply with the NewHope Contest Rules may, in the sole and absolute discretion of KPLX-99.5 The Wolf and NewHope, result in a contestant’s disqualification from the Contest and/or the forfeiture of the prize. 

f.        KPLX is not responsible for typographical or other errors in the printing, the offering, or the administration of the NewHope Contest, or in the announcement of the prize. 

g.      Copies of the NewHope Contest Rules and the name of the winner (when complete) are available during regular business hours at the main studio of KPLX-FM, 3500 Maple Ave 16th Floor, Dallas, TX, 75219.

Jose Cuervo Recipe Contest OFFICIAL RULES

Jose Cuervo Recipe Contest
OFFICIAL RULES

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  THIS CONTEST IS ONLY OPEN TO RESIDENTS OF THE STATE OF TEXAS.  MUST BE 21 YEARS OF AGE OR OLDER TO ENTER. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.

1.  To Enter:  This contest begins at 12:01 a.m. (CST) on  September 2, 2010 and ends at 11:59:59 p.m. (CST) on September 17, 2010.  Access the website at www.theticket.com and follow the on-screen instructions. To enter offline, complete this official contest form with all information requested or print your name, address and telephone number and the words “Jose Cuervo Recipe Contest” on a 3” x 5” card and mail to: “3500 Maple Avenue, Suite 1600, Dallas, TX 75249.

Create an original drink recipe using Jose Cuervo Gold and ingredients commonly available at retail. Recipes must list all ingredients in exact common U.S. household measurements, step-by-step with preparation instructions. Recipe should serve one drink.  The total amount of alcohol in the drink recipe cannot exceed 1.5 ounces.

Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues that might affect a caller’s ability of the  Sponsor to notify the winner. 

Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete, incorrect or postage-due mail, entries or other contest materials, all of which are void.  Facsimiles or mechanical reproductions will not be accepted. 

2.  Prizes: One (1) Grand Prize will be awarded.  Winner will receive a trip for two to Cancun Mexico for 4 days/3 nights, including round-trip coach airfare from major airport nearest winner’s residence, hotel accommodations for two based on double occupancy.   Approximate retail value of prize is $3,000.00.   All other expenses are the sole responsibility of the winner. Trip  must be taken by May 19, 2011.   Retail value may vary depending upon point of departure. 

First Prizes: Ten (10) First Prize will be awarded.  Winners will receive a pair of tickets to the State Fair of Texas.  Prize value is $300.00.

Total approximate retail value is $3,300.00. 

3.  Winner Determination: Winner will be determined on or about September 20, 2010, by an independent judging organization whose decisions will be final in all matters relating to this contest.   The criteria for judging will be originality, 50%, creativity, 20%, adherence to theme 50% and technical merit, 10%. 

The winner will be notified by telephone on or about 9/20/10, and will be required to sign an affidavit of eligibility and liability/publicity release within ten (10 ) days of notification or prize will be forfeited and may be awarded to another winner at Sponsor’s sole discretion.  If winner cannot be located or does not respond to attempt to be contacted within ten (10) days, prize will automatically be forfeited and an alternate winner may be selected at Sponsor’s sole discretion. Trip winner’s guest must sign and return a liability/publicity release form prior to travel.  Except where prohibited by law, acceptance of prize constitutes winner’s consent for Sponsor to use an entrant’s name, city and state of residence, voice, signature, statements, Contest entry, biographical information, photograph and/or likeness for advertising and/or publicity purposes without any additional compensation or consideration.  Entrants expressly agree to waive any and all rights to publicity that they have or may have arising out of or relating to the Contest.

4.  Contest Entries:  All materials, documents, information and data submitted to the Sponsor in connection with this Contest, including the Contest entry and submission (collectively “Contest entry”) are the property of Sponsor, will not be returned and cannot be acknowledged, By entering the Contest, entrants represent and warrant that their Contest entry is their sole, original work and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party. By submitting a Contest entry, entrant further represents and warrants that any person(s) referenced has given his or her express written consent to the reference and use as contemplated by these Official Rules and that entrant has obtained written permission for such use from any such person.  Submission of an entry grants Sponsor the right to use, publish, adapt, edit and/or modify Contest entry in any way, in whole or in part, and to use such Contest entry, and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s website, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the Contest entry. Submission of a Contest entry further constitutes the entrant's consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Contest entry, including but not limited to all intellectual property rights and proprietary rights worldwide.  Any content, material or information included in Contest entry shall not be confidential, proprietary or trade secret.  By submitting a Contest entry, entrant consents to Sponsor’s use, reproduction and disclosure of the Contest entry, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose. Any Contest entry that contains third party artistic works, copyrights, trademarks, trade names, logos or similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Contest entry.

Contest entry must be original, not have been entered in any other drink recipe competition or violate the rights of other parties, including any intellectual property, trade secret or other proprietary right of any other parties.  Contest entry may not be offensive, defamatory, discriminatory, obscene, libelous, reflect poorly on Jose Cuervo or be inappropriate for use in advertising or for promotional publicity purposes as determined by the Sponsor and/or the Judge(s) in their sole discretion. Contest entry must be unpublished and must be the work solely of the entrant.  

5.  Eligibility:  This contest is open only to legal residents of the United States who are 21 years of age or older at the time of entry except California, and wherever else prohibited or restricted by law.    Employees of the following entities and members of their families or households are not eligible for participation under any circumstances:   Diageo Americas, Inc. and its respective affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or  retailers.   All federal, state and local laws apply. 

6.  General Conditions:  Entry in the Contest constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules.  No substitution of prize or cash equivalent except at Sponsor’s sole discretion.  Cash equivalent may be less than the approximate retail value of the prize. Prize is non-transferable except at the sole discretion of the Sponsor.  All federal, state and local taxes on the prize are winner’s sole responsibility.  By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Trip winner’s guest be also be 21 years of age or older and must travel on the same itinerary and sign a Guest’s Liability and Publicity Release.  It is the winner’s sole responsibility to arrange transportation to and from the major airport nearest winner’s residence.  Sponsor reserves the right to conduct a background check of any criminal records of the prize winners and travel companions.  To the extent necessary and permitted by law, prize winners and travel companions shall authorize this background check.  Sponsor reserves the right, at its sole discretion, to disqualify prize winners and/or travel companion(s) from any prize element, based on the background check.     Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize. 

Entrants hereby agree to indemnify and hold Sponsor harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above.

The value of the prize won by a participant under the contest may be taxable as income to its winner.  Winner is solely responsible for any and all taxes and/or fees associated with the prize.  Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility and Release and a subsequent IRS Form 1099.  Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.  

In consideration of the undersigned's receipt of any prize,  prize winner for himself or herself and his or her guests, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever shall release, waive and discharge Sponsor and all related parties from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Contest, including, but not limited to, prize winner’s participation in the Contest; prize winner’s Contest entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

7. Electronic EntriesIn the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete or postage–due mail-in entries, or for on-line entries not received due to lost, failed delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by web-site visitors or by any human or technological error that may occur in the processing of entries in this Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Contest, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Contest. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8.  Winner’s List:  For a list of winners, please send a self-addressed stamped envelope to KTCK, 3500 Maple Ave, Suite 1600, Dallas, TX 75249.  All requests for the winner’s list must be postmarked by September 30, 2010and received by October 5th, 2010.

Sponsor:  Diageo Americas, Inc., Norwalk, CT

JOSE CUERVO ESPECIAL Tequila. 40% Alc/Vol. (c)2010 Imported and bottled by Heublein, Norwalk, CT under license from the trademark owner.

Drink Responsibly

Jose Cuervo Recipe Contest
OFFICIAL RULES

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  THIS CONTEST IS ONLY OPEN TO RESIDENTS OF THE STATE OF TEXAS.  MUST BE 21 YEARS OF AGE OR OLDER TO ENTER. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.

1.  To Enter:  This contest begins at 12:01 a.m. (CST) on  September 2, 2010 and ends at 11:59:59 p.m. (CST) on September 17, 2010.  Access the website at www.theticket.com and follow the on-screen instructions. To enter offline, complete this official contest form with all information requested or print your name, address and telephone number and the words “Jose Cuervo Recipe Contest” on a 3” x 5” card and mail to: “3500 Maple Avenue, Suite 1600, Dallas, TX 75249.

Create an original drink recipe using Jose Cuervo Gold and ingredients commonly available at retail. Recipes must list all ingredients in exact common U.S. household measurements, step-by-step with preparation instructions. Recipe should serve one drink.  The total amount of alcohol in the drink recipe cannot exceed 1.5 ounces.

Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues that might affect a caller’s ability of the  Sponsor to notify the winner. 

Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete, incorrect or postage-due mail, entries or other contest materials, all of which are void.  Facsimiles or mechanical reproductions will not be accepted. 

2.  Prizes: One (1) Grand Prize will be awarded.  Winner will receive a trip for two to Cancun Mexico for 4 days/3 nights, including round-trip coach airfare from major airport nearest winner’s residence, hotel accommodations for two based on double occupancy.   Approximate retail value of prize is $3,000.00.   All other expenses are the sole responsibility of the winner. Trip  must be taken by May 19, 2011.   Retail value may vary depending upon point of departure. 

First Prizes: Ten (10) First Prize will be awarded.  Winners will receive a pair of tickets to the State Fair of Texas.  Prize value is $300.00.

Total approximate retail value is $3,300.00. 

3.  Winner Determination: Winner will be determined on or about September 20, 2010, by an independent judging organization whose decisions will be final in all matters relating to this contest.   The criteria for judging will be originality, 50%, creativity, 20%, adherence to theme 50% and technical merit, 10%. 

The winner will be notified by telephone on or about 9/20/10, and will be required to sign an affidavit of eligibility and liability/publicity release within ten (10 ) days of notification or prize will be forfeited and may be awarded to another winner at Sponsor’s sole discretion.  If winner cannot be located or does not respond to attempt to be contacted within ten (10) days, prize will automatically be forfeited and an alternate winner may be selected at Sponsor’s sole discretion. Trip winner’s guest must sign and return a liability/publicity release form prior to travel.  Except where prohibited by law, acceptance of prize constitutes winner’s consent for Sponsor to use an entrant’s name, city and state of residence, voice, signature, statements, Contest entry, biographical information, photograph and/or likeness for advertising and/or publicity purposes without any additional compensation or consideration.  Entrants expressly agree to waive any and all rights to publicity that they have or may have arising out of or relating to the Contest.

4.  Contest Entries:  All materials, documents, information and data submitted to the Sponsor in connection with this Contest, including the Contest entry and submission (collectively “Contest entry”) are the property of Sponsor, will not be returned and cannot be acknowledged, By entering the Contest, entrants represent and warrant that their Contest entry is their sole, original work and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party. By submitting a Contest entry, entrant further represents and warrants that any person(s) referenced has given his or her express written consent to the reference and use as contemplated by these Official Rules and that entrant has obtained written permission for such use from any such person.  Submission of an entry grants Sponsor the right to use, publish, adapt, edit and/or modify Contest entry in any way, in whole or in part, and to use such Contest entry, and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s website, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the Contest entry. Submission of a Contest entry further constitutes the entrant's consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Contest entry, including but not limited to all intellectual property rights and proprietary rights worldwide.  Any content, material or information included in Contest entry shall not be confidential, proprietary or trade secret.  By submitting a Contest entry, entrant consents to Sponsor’s use, reproduction and disclosure of the Contest entry, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose. Any Contest entry that contains third party artistic works, copyrights, trademarks, trade names, logos or similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Contest entry.

Contest entry must be original, not have been entered in any other drink recipe competition or violate the rights of other parties, including any intellectual property, trade secret or other proprietary right of any other parties.  Contest entry may not be offensive, defamatory, discriminatory, obscene, libelous, reflect poorly on Jose Cuervo or be inappropriate for use in advertising or for promotional publicity purposes as determined by the Sponsor and/or the Judge(s) in their sole discretion. Contest entry must be unpublished and must be the work solely of the entrant.  

5.  Eligibility:  This contest is open only to legal residents of the United States who are 21 years of age or older at the time of entry except California, and wherever else prohibited or restricted by law.    Employees of the following entities and members of their families or households are not eligible for participation under any circumstances:   Diageo Americas, Inc. and its respective affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or  retailers.   All federal, state and local laws apply. 

6.  General Conditions:  Entry in the Contest constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules.  No substitution of prize or cash equivalent except at Sponsor’s sole discretion.  Cash equivalent may be less than the approximate retail value of the prize. Prize is non-transferable except at the sole discretion of the Sponsor.  All federal, state and local taxes on the prize are winner’s sole responsibility.  By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Trip winner’s guest be also be 21 years of age or older and must travel on the same itinerary and sign a Guest’s Liability and Publicity Release.  It is the winner’s sole responsibility to arrange transportation to and from the major airport nearest winner’s residence.  Sponsor reserves the right to conduct a background check of any criminal records of the prize winners and travel companions.  To the extent necessary and permitted by law, prize winners and travel companions shall authorize this background check.  Sponsor reserves the right, at its sole discretion, to disqualify prize winners and/or travel companion(s) from any prize element, based on the background check.     Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize. 

Entrants hereby agree to indemnify and hold Sponsor harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above.

The value of the prize won by a participant under the contest may be taxable as income to its winner.  Winner is solely responsible for any and all taxes and/or fees associated with the prize.  Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility and Release and a subsequent IRS Form 1099.  Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.  

In consideration of the undersigned's receipt of any prize,  prize winner for himself or herself and his or her guests, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever shall release, waive and discharge Sponsor and all related parties from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Contest, including, but not limited to, prize winner’s participation in the Contest; prize winner’s Contest entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.

7. Electronic EntriesIn the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete or postage–due mail-in entries, or for on-line entries not received due to lost, failed delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by web-site visitors or by any human or technological error that may occur in the processing of entries in this Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Contest, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Contest. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8.  Winner’s List:  For a list of winners, please send a self-addressed stamped envelope to KTCK, 3500 Maple Ave, Suite 1600, Dallas, TX 75249.  All requests for the winner’s list must be postmarked by September 30, 2010and received by October 5th, 2010.

Sponsor:  Diageo Americas, Inc., Norwalk, CT

JOSE CUERVO ESPECIAL Tequila. 40% Alc/Vol. (c)2010 Imported and bottled by Heublein, Norwalk, CT under license from the trademark owner.

Drink Responsibly

Dish Network’s Search for The Ultimate Football Fan 2010 Rules


Dish Network’s Search for The Ultimate Football Fan 2010

Official Rules

August 30, 2010

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Promotion Period: The Promotion Period begins on August 30, 2010 and ends on September 12, 2010 (the "Promotion Period").

2. Sponsor/Administrator: DISH Network L.L.C., 9601 South Meridian Boulevard, Englewood, CO 80112.  DISH Network owns the Ultimate Football Fan Contest and the contest is covered per market.

3. How to Enter: The Promotion consists of ten (10) individual contests (the “Contests”) conducted by radio stations in ten (10) cities that the Sponsor has partnered with in order to identify hometown ultimate football fans (the “Finalists”). The cities include Cincinnati, OH; Dallas, TX; Denver, CO; Green Bay, WI; Indianapolis, IN; Kansas City, MO; Minneapolis, MN; New Orleans, LA; Pittsburgh, PA; and San Diego, CA. Entry methods for hometown ultimate football fan submissions will be at the discretion of each partner radio station and may include asking listeners to submit videos, pictures and/or essays describing why they are the ultimate football fan. During the Promotion Period, participants will be asked to apply through the promoting radio station’s web site and include a valid home address.  Finalists for each city must be current residents of the city where the promotion is running and must have maintained residency for at least 6 consecutive months. P.O. Boxes are not permitted. For complete details on how to enter, visit the partner radio stations’ web site. Entries will be accepted through midnight on September 12, 2010. Limit: One entry per household during the Promotion Period. Any attempt by any participant to obtain more than one entry by using multiple/different email addresses, identities, or any other methods will void that participant's entry and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected applications, which will be disqualified. 

4. Selection Criteria: On September 13, 2010, all eligible Entries received per market will be judged to determine the Winning Entry per market by representatives of the partner radio station and the Sponsor, whose decisions are final on all matters relating to this Contest. Finalists will be notified by phone at the Sponsor’s discretion on or about September 14, 2010 and will need to be able to travel to Denver, Colo. on September 16, 2010, or the entire prize is forfeited. There are no substitutions. If any Finalist declines the trip to Denver, that Finalist forfeits the entire prize package as outlined below. Odds of winning will depend upon the total number of eligible entries received.

5. Eligibility:  The DISH Network Ultimate Football Fan Contest (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia). Finalists must be current residents of the city where the promotion is running and maintain a six month residency. P.O. Boxes are not permitted. Employees of DISH Network, L.L.C. (the “Sponsor”), DISH Network Corporation, and their affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and judge’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. 

6. Promotion:  Administrator is the judging organization whose decisions as to the administration and operation of the Promotion and the selection of a potential winner are final and binding in all matters related to the Promotion. Administrator will agree on the final winners, from all eligible contestants. 

7.  All potential WINNERS are subject to verification by Sponsor or administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of any prize, unless and until entrant’s eligibility, AND the potential CONTEST winner HAS been verified and entrant has been notified that verification is complete

8. Verification of Potential Participants and Winner:  Potential participants and Finalists must continue to comply with all terms and conditions of these Official Rules, the contest rules for the promotion, and winning is contingent upon fulfilling all requirements.  The Contest and Promotion winners will be required to sign and return to DISH Network within three (3) days of the date notice is sent, an Affidavit of Eligibility in order to claim his/her prize if applicable. If a finalist fails to sign and return the Affidavit of Eligibility within the required time period (if applicable), potential winner forfeits prize. In the event that potential winners of the Contest or Promotion are disqualified for any reason, Sponsor will award the applicable prize to alternate winners. 

The ten (10) hometown winners will be flown to Denver on September 16, 2010, to compete against each other on September 17 in the ultimate test of football knowledge – providing commentary on 10 minutes of football highlights shown on NFL RedZone. Contestants will be judged on accuracy and timing and the one (1) contestant who receives the best score, as determined by a panel of judges, will receive the grand prize.

9. Prizes:

NINE (9) FINALISTS (EXCLUDING DENVER FINALIST) WILL EACH RECEIVE: A trip for up to two (2) people to Denver, Colo. to compete in the DISH Network Ultimate Football Fan Contest on Sept. 17, 2010, with an Approximate Retail Value (“ARV”) of $1,520. Actual value may vary based on airfare fluctuations and distance between departure and destination. Trip package includes roundtrip coach-class airfare for two (2) people from a major airport near contest participants’ homes (determined by Sponsor in its sole discretion) to Denver, Colo.; one (1) night and two (2) days accommodations at a hotel in Denver, Colo. (single room, double occupancy); transportation from airport to hotel to Promotion site to hotel to airport; three meals for Finalist and guest including dinner on September 16 and breakfast and lunch on September 17 (Maximum ARV $120). Each Finalist and guest must begin travel on September 16, 2010, and complete travel on September 17, 2010 or entire prize will be forfeited. Winner and guest must travel on the same itinerary and are responsible for any and all costs and expenses not mentioned in the contest rules as being included in prize (i.e. gratuities, liquor, phone calls, etc.)

DENVER FINALSIT WILL RECEIVE: one (1) night and two (2) days accommodations at a hotel in Denver, Colo. (single room, double occupancy); transportation from residence to hotel to Promotion site to hotel to residence; three meals for Finalist and guest including dinner on September 16 and breakfast and lunch on September 17 (Maximum ARV $120). Winner and guest are responsible for any and all costs and expenses not mentioned in the contest rules as being included in prize (i.e. gratuities, liquor, phone calls, etc.)

Additional prizes include: one (1) Panasonic VIERA 42” Class/1080p/600Hz/Plasma high definition television, ARV: $649.99; one (1) year of free DISH Network America’s “Everything” Pak, HD add-on, Multi-Sport Pack, DVR Service fee, ARV: $1,524; and one (1) model ViP 922 HD DVR receiver, ARV: $649.

Total ARV of contestant prizes (excluding Denver Finalist): $4,343. Total ARV of contestant prizes for Denver Finalist: $2823. Prizes are non-transferable and cannot be exchanged for the cash value.

10. Promotion Grand prize: ONE (1) GRAND PRIZE: One (1) $10,000 cash prize to winner; and a trip for two (2) to the Official NFL RedZone Studios to meet host Scott Hansen. Trip package includes roundtrip coach-class airfare for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Los Angeles, California; three (3) days and two (2) nights accommodations at hotel (single room, double occupancy); and ground transportation. ARV: $12,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Travel must be roundtrip. Prize fulfillment period: Travel will be completed by December 31, 2010. Taxes are the sole responsibility of the Winner. Prize Winner and travel companion must travel on the same itinerary. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner.  If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.  Odds of winning a Sweepstakes prize depends on the number of eligible entries received during the Promotion Period. Limit: One (1) Sweepstakes prize per finalist. Prize is non-transferable and cannot be exchanged for the cash value.

Participant prizes: For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Prizes are non-transferable and cannot be exchanged for the cash value. NOTE: Participants must have a residence with a clear facing view to the south to allow for DISH Network installation. If participant does not have a view to the south, DISH Network prize package will be forfeited.

11. Release: By receipt of any Promotion prize, winner agrees to release and hold harmless Sponsor, and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

12. Publicity: Except where prohibited, participation in the Contest constitutes winners consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

14. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize.  If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed,  Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

15. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court in Denver, Colo. (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Colorado , without giving effect to any choice of law or conflict of law rules.

16. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (www.dishnetwork.com/downloads/legal/PrivacyStatement.pdf).

Winner: For the name of the Winner, available after September 20, 2010, email press@dish.com.


Dish Network’s Search for The Ultimate Football Fan 2010

Official Rules

August 30, 2010

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Promotion Period: The Promotion Period begins on August 30, 2010 and ends on September 12, 2010 (the "Promotion Period").

2. Sponsor/Administrator: DISH Network L.L.C., 9601 South Meridian Boulevard, Englewood, CO 80112.  DISH Network owns the Ultimate Football Fan Contest and the contest is covered per market.

3. How to Enter: The Promotion consists of ten (10) individual contests (the “Contests”) conducted by radio stations in ten (10) cities that the Sponsor has partnered with in order to identify hometown ultimate football fans (the “Finalists”). The cities include Cincinnati, OH; Dallas, TX; Denver, CO; Green Bay, WI; Indianapolis, IN; Kansas City, MO; Minneapolis, MN; New Orleans, LA; Pittsburgh, PA; and San Diego, CA. Entry methods for hometown ultimate football fan submissions will be at the discretion of each partner radio station and may include asking listeners to submit videos, pictures and/or essays describing why they are the ultimate football fan. During the Promotion Period, participants will be asked to apply through the promoting radio station’s web site and include a valid home address.  Finalists for each city must be current residents of the city where the promotion is running and must have maintained residency for at least 6 consecutive months. P.O. Boxes are not permitted. For complete details on how to enter, visit the partner radio stations’ web site. Entries will be accepted through midnight on September 12, 2010. Limit: One entry per household during the Promotion Period. Any attempt by any participant to obtain more than one entry by using multiple/different email addresses, identities, or any other methods will void that participant's entry and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected applications, which will be disqualified. 

4. Selection Criteria: On September 13, 2010, all eligible Entries received per market will be judged to determine the Winning Entry per market by representatives of the partner radio station and the Sponsor, whose decisions are final on all matters relating to this Contest. Finalists will be notified by phone at the Sponsor’s discretion on or about September 14, 2010 and will need to be able to travel to Denver, Colo. on September 16, 2010, or the entire prize is forfeited. There are no substitutions. If any Finalist declines the trip to Denver, that Finalist forfeits the entire prize package as outlined below. Odds of winning will depend upon the total number of eligible entries received.

5. Eligibility:  The DISH Network Ultimate Football Fan Contest (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia). Finalists must be current residents of the city where the promotion is running and maintain a six month residency. P.O. Boxes are not permitted. Employees of DISH Network, L.L.C. (the “Sponsor”), DISH Network Corporation, and their affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and judge’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. 

6. Promotion:  Administrator is the judging organization whose decisions as to the administration and operation of the Promotion and the selection of a potential winner are final and binding in all matters related to the Promotion. Administrator will agree on the final winners, from all eligible contestants. 

7.  All potential WINNERS are subject to verification by Sponsor or administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of any prize, unless and until entrant’s eligibility, AND the potential CONTEST winner HAS been verified and entrant has been notified that verification is complete

8. Verification of Potential Participants and Winner:  Potential participants and Finalists must continue to comply with all terms and conditions of these Official Rules, the contest rules for the promotion, and winning is contingent upon fulfilling all requirements.  The Contest and Promotion winners will be required to sign and return to DISH Network within three (3) days of the date notice is sent, an Affidavit of Eligibility in order to claim his/her prize if applicable. If a finalist fails to sign and return the Affidavit of Eligibility within the required time period (if applicable), potential winner forfeits prize. In the event that potential winners of the Contest or Promotion are disqualified for any reason, Sponsor will award the applicable prize to alternate winners. 

The ten (10) hometown winners will be flown to Denver on September 16, 2010, to compete against each other on September 17 in the ultimate test of football knowledge – providing commentary on 10 minutes of football highlights shown on NFL RedZone. Contestants will be judged on accuracy and timing and the one (1) contestant who receives the best score, as determined by a panel of judges, will receive the grand prize.

9. Prizes:

NINE (9) FINALISTS (EXCLUDING DENVER FINALIST) WILL EACH RECEIVE: A trip for up to two (2) people to Denver, Colo. to compete in the DISH Network Ultimate Football Fan Contest on Sept. 17, 2010, with an Approximate Retail Value (“ARV”) of $1,520. Actual value may vary based on airfare fluctuations and distance between departure and destination. Trip package includes roundtrip coach-class airfare for two (2) people from a major airport near contest participants’ homes (determined by Sponsor in its sole discretion) to Denver, Colo.; one (1) night and two (2) days accommodations at a hotel in Denver, Colo. (single room, double occupancy); transportation from airport to hotel to Promotion site to hotel to airport; three meals for Finalist and guest including dinner on September 16 and breakfast and lunch on September 17 (Maximum ARV $120). Each Finalist and guest must begin travel on September 16, 2010, and complete travel on September 17, 2010 or entire prize will be forfeited. Winner and guest must travel on the same itinerary and are responsible for any and all costs and expenses not mentioned in the contest rules as being included in prize (i.e. gratuities, liquor, phone calls, etc.)

DENVER FINALSIT WILL RECEIVE: one (1) night and two (2) days accommodations at a hotel in Denver, Colo. (single room, double occupancy); transportation from residence to hotel to Promotion site to hotel to residence; three meals for Finalist and guest including dinner on September 16 and breakfast and lunch on September 17 (Maximum ARV $120). Winner and guest are responsible for any and all costs and expenses not mentioned in the contest rules as being included in prize (i.e. gratuities, liquor, phone calls, etc.)

Additional prizes include: one (1) Panasonic VIERA 42” Class/1080p/600Hz/Plasma high definition television, ARV: $649.99; one (1) year of free DISH Network America’s “Everything” Pak, HD add-on, Multi-Sport Pack, DVR Service fee, ARV: $1,524; and one (1) model ViP 922 HD DVR receiver, ARV: $649.

Total ARV of contestant prizes (excluding Denver Finalist): $4,343. Total ARV of contestant prizes for Denver Finalist: $2823. Prizes are non-transferable and cannot be exchanged for the cash value.

10. Promotion Grand prize: ONE (1) GRAND PRIZE: One (1) $10,000 cash prize to winner; and a trip for two (2) to the Official NFL RedZone Studios to meet host Scott Hansen. Trip package includes roundtrip coach-class airfare for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Los Angeles, California; three (3) days and two (2) nights accommodations at hotel (single room, double occupancy); and ground transportation. ARV: $12,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Travel must be roundtrip. Prize fulfillment period: Travel will be completed by December 31, 2010. Taxes are the sole responsibility of the Winner. Prize Winner and travel companion must travel on the same itinerary. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner.  If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.  Odds of winning a Sweepstakes prize depends on the number of eligible entries received during the Promotion Period. Limit: One (1) Sweepstakes prize per finalist. Prize is non-transferable and cannot be exchanged for the cash value.

Participant prizes: For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Prizes are non-transferable and cannot be exchanged for the cash value. NOTE: Participants must have a residence with a clear facing view to the south to allow for DISH Network installation. If participant does not have a view to the south, DISH Network prize package will be forfeited.

11. Release: By receipt of any Promotion prize, winner agrees to release and hold harmless Sponsor, and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

12. Publicity: Except where prohibited, participation in the Contest constitutes winners consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

14. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize.  If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed,  Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

15. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court in Denver, Colo. (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Colorado , without giving effect to any choice of law or conflict of law rules.

16. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (www.dishnetwork.com/downloads/legal/PrivacyStatement.pdf).

Winner: For the name of the Winner, available after September 20, 2010, email press@dish.com.